It can be difficult to care for elderly parents when they begin showing signs of cognitive decline. Families often try to manage their affairs. This may include getting appointed as the guardian of the parent.

Before being appointed, there can be questions about whether the parent can still make major financial decisions. The stakes rise when a parent transfers real estate shortly before being declared incapacitated. These transfers often end up in court.

Court then determine whether the person has sufficient mental capacity at the moment they signed the deed. The case of In re C.VanBuskirk, No. 06-25-00026-CV (Tex. App.–Texarkana Oct. 27, 2025), provides an opportunity to examine how Texas courts evaluate mental capacity deed challenges when the grantor is declared incapacitated shortly after signing a deed.

Facts & Procedural History

Callie was the mother of Parker and Shannon. Parker had a daughter named Makenzie. On February 12, 2024, Callie signed a deed transferring her homestead to Makenzie, her granddaughter, while living with Parker, her son.

The circumstances about the execution of the deed raised questions. Callie remained in her wheelchair in the vehicle while Parker went inside the title company to explain what needed to be done. The title agent came to the vehicle for Callie to sign. About six weeks later, in March of 2024, the probate court declared Callie incapacitated and appointed Shannon as her guardian. This guardianship proceeding had been initiated before the deed was signed.

Dr. R. Scott Staton conducted his first evaluation of Callie in February of 2024–one week before she signed the deed. Callie passed away in October of 2024. Two days later, Makenzie, the granddaughter, deeded half of the homestead to Parker, the son. Shannon, as guardian, filed a petition seeking to rescind the deed and a declaratory judgment that the deed was void because Callie lacked mental capacity to execute the deed. The probate litigation went to trial as to the issue of whether the deed was valid and the court found that the deed was not valid.

Mental Capacity Under the Texas Estates Code

The mental capacity required to sign various documents differs based on the type of document and there is even an incapacity standard for guardianships.

The Texas Estates Code defines incapacity for guardianship purposes in Section 1002.017. However, the standard for executing a valid deed differs from the guardianship defintion. For a deed, a person need not have perfect mental health or full independence. The question is narrower: did the person have sufficient mind and memory to understand the nature and effect of their act at the specific moment they signed?

This distinction matters in practice. Someone might require assistance with daily activities while still retaining the capacity to execute a deed for major financial decisions. Courts recognize that elderly individuals often need help with routine tasks even when they understand the legal significance of transferring property.

What Constitutes Sufficient Mental Capacity for Executing a Deed?

So what constitutes sufficient mental capacity for executing a deed in Texas?

The Texas courts have developed a specific test for evaluating mental capacity in deed cases. Under this test, the grantor must possess sufficient mind and memory to understand both the nature of the act and its effect.

Understanding the nature means knowing that signing transfers property ownership. Understanding the effect means recognizing what will happen after the transfer: they will no longer own the property, and someone else will.

The standard presents challenges in deed cases. Many elderly individuals suffer from conditions that impair some cognitive functions while leaving others intact. A person with early dementia might struggle with memory or executive function but still understand basic property transfers. The question is whether their remaining cognitive abilities suffice for this particular legal act.

Expert medical testimony is often needed in deed cases. Physicians use standardized assessment tools to measure memory, understanding, judgment, and decision-making capacity. The Montreal Cognitive Assessment is one such tool.

Medical diagnoses can also help courts understand the nature and severity of cognitive impairment in mental capacity disputes. A diagnosis of major neurocognitive disorder, the modern medical term for dementia, indicates significant impairment in cognitive domains. When the disorder results from vascular disease such as stroke, it often causes progressive worsening.

Proving Mental Incapacity

The question of how to prove mental incapacity brings us back to this case. Parker and Makenzie argued the probate court erred in finding Callie lacked mental capacity because only Dr. Staton testified to incapacity.

On appeal, the court noted that Dr. Staton examined Callie twice–one week before the deed and three weeks after. Callie scored 19 out of 30 on the Montreal Cognitive Assessment. Any score below 22 indicates dementia. The 19 score suggested mild to moderate dementia and cognitive impairment. Dr. Staton diagnosed a major neurocognitive disorder due to vascular disease from a prior stroke.

Dr. Staton testified that while Callie could express feelings and contribute to conversations, her capacity for actually making decisions was not sufficient. She had difficulty with executive function and would get confused. He found her susceptible to influence. His March evaluation found Callie totally incapacitated. He testified she could not make rational decisions regarding property or finances and lacked the ability to understand the nature and extent of the mental capacity deed.

Shannon testified that Callie needed assistance with daily activities and was not of sound mind to make decisions. Callie had to be reminded she had signed the deed and indicated she had been “tricked” into signing. Shannon had never heard Callie express any desire to give her home to Makenzie.

The Red River County Clerk testified she had difficulty communicating with Callie, so Parker took over. Callie appeared confused or disoriented and did not seem to know where she was. Parker took Callie to the title company, where Callie waited in the vehicle while Parker explained what they needed. The title agent came to the vehicle for the signing.

The probate court had previously determined in March 2024 that Callie was incapacitated and required guardianship. The probate court took judicial notice of the guardianship record. After considering all evidence, the court ruled that Callie did not have the capacity to sign the February deed. The court rescinded the deed and declared it void. The appellate court affirmed the probate court.

The Takeaway

This case shows the distinction between mental capacity as defined for guardianship matters and the power to execute a deed. Texas courts scrutinize property transfers executed shortly before a person is declared incapacitated. When expert medical testimony shows cognitive impairment around the time of a mental capacity deed’s execution, courts can find a lack of capacity even when some family members insist their loved one understood the transaction. This highlights the importance of obtaining medical evaluations before executing major property transfers when capacity questions exist or could come up. And if a guardianship proceeding has been initiated and a doctor is already evaluating the person for incapacity, signing mental capacity deeds during that period invites later challenge.

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The content of this website is for informational purposes only and should not be construed as legal advice. The information presented may not apply to your situation and should not be acted upon without consulting a qualified probate attorney. We encourage you to seek the advice of a competent attorney with any legal questions you may have.